The mere fact that you are on probation or must adhere to probation conditions can limit you from taking advantage of many opportunities in life. It can limit your travel to find employment, reunite with family, or prevent you from retaining a job. A judge can sentence you to probation when you plead guilty to an offense in a plea deal or during sentencing, but now what? Can you discharge yourself from probation early?

Under PEN 1203.3, you can terminate your probation before time to eliminate the fear that its conditions will interfere with your job application, school admission, or other life opportunities. You must speak to a criminal lawyer if you have been sentenced to probation and want to file a motion for early probation discharge. The legal expert will determine your eligibility, bring the motion to court, and convince the judge to grant an early termination depending on your case’s circumstances.

Probation Definition

Probation is a sentence imposed by a judge after conviction or in a plea bargain. In a plea deal, your lawyer and the prosecutor can all agree on probation as a sentence in exchange for pleading guilty. The judge can impose probation in place of a jail sentence or on top of the jail sentence. It means you serve your prison or jail sentence in the community instead of behind bars.

Probation entails a duration in which you, the probationer, prove to the court that you have learned from your past mistakes and are willing and able to obey the law. The program lasts one to three years, is classified as formal or informal, and is intended to rehabilitate. When the court grants probation, they impose strict terms that you must obey, including not engaging in another criminal activity during probation.

Nevertheless, sometimes probation comes with harsh conditions that are hard to comply with or cost you massive amounts of money or opportunities. When probation involves mandatory drug or alcohol treatment, you must pay for the sessions, and it will be hard to hold a job because the hours for the counseling could coincide with your work hours.

Penalties for Probation Violation

Breaking the probation conditions attracts penalties on top of the sentence for the baseline crime. Violation of probation terms puts you at risk because of the several possible consequences the court must impose.

The judge handling your case has the discretion to decide the punishment for the violation. First, the court can impose the original sentence for the suspended baseline crime, rooting for probation. Additionally, the judge can impose new penalties, including:

  • An extension of the probationary duration
  • Monetary court fines
  • A brief jail sentence

The most severe consequence of a probation violation is revocation of the program. Revocation or cancellation means you will return to serving the original jail term. If you are not careful when released on probation, you will be back in court even if you want to make an honest living. Thankfully, a judge cannot revoke your probation without a severe intentional act or violation. Skipping a mandatory DUI school class or community labor because of unavoidable circumstances will not result in a revocation.

Formal vs. Informal Probation

Otherwise called summary probation or conditional sentence, informal or misdemeanor probation is imposed on misdemeanor offenses. If the judge sentences you to this type of probation, you will not have a formal supervisor to whom you should report regularly. Probationers under this program report directly to the court when they present proof of completion of probation conditions, change addresses, or are apprehended.

Summary probationers are less likely to be pulled back to the justice system because they are not under the supervision of a probation officer. Also, informal probation conditions are not very strict, reducing the chances of violations. Summary probation terms include:

  • Payment of court fines, court expenses, and restitution
  • Submit samples for random drug tests
  • Complete community labor or hours
  • Mandatory batterer’s program in domestic abuse incidents
  • Drug or alcohol abstinence
  • Mandatory drug or alcohol abuse program

The conditions imposed by the court must be reasonably related to the underlying crime and fitting to the end that justice will be served.

On the other hand, formal probation, also known as felony probation, is imposed on felony convictions. If you are convicted of a violent felony or sex offense, you will be assigned a supervising officer from the probation department. You should report once a week or monthly to your supervisor. Regular meetings aim to find out if you are job hunting, are already working, or what you have been doing. Also, the meetings are to determine if you adhere to probation conditions. The terms of formal probation are:

  • Random drug tests
  • Out-of-state travel restrictions
  • Restraining or protective orders against particular individuals
  • Notify the probation office when you switch jobs

Early Probation Termination at a Glance

According to PEN 1203.3, the court can modify probation terms by terminating your probation ahead of schedule and discharging you. It happens when the court is satisfied that justice is served, depending on your good behavior and reform. Obtaining an early discharge from probation is challenging because judges want you to serve at least twelve or eighteen months of your sentence before they can consider exercising the privileges provided under PEN 1203.3.

Also, PEN 1203.3 enables the judge to reward excellent morals by ending or reducing the probation duration. This happens when you have satisfied all probation terms and have a valid reason for the early discharge. 

Obtaining an Early Discharge from Probation

Formal and informal probations are expensive and can interfere with many aspects of your life. Therefore, if you wish to release yourself from probation before the end of the probationary period, you can bring a motion under PEN 1203.3 before a judge. However, you will likely serve half of the probation sentence before receiving a discharge. The duration is necessary to prove to the court that you are a law-abiding citizen and have not committed another crime.

Your criminal defense lawyer should bring the motion to the court and discuss it with the prosecutor two days before requesting a hearing. The petition must include your name, sentencing date, case number, expected probation termination date, and a valid reason for the early relief.

Your lawyer must speak with the prosecutor to have an opportunity to explain why you deserve the early termination and request the prosecutor’s support of the motion or, if not, to fight it.

The court will schedule a hearing before deciding whether to terminate the probation before time. In the proceeding, your attorney will explain why you are eligible for the relief and that a discharge will be in justice’s best interest.

Do not worry about attending these proceedings because your defense lawyer can appear for you. Nevertheless, being present for the hearing will be best, depending on your case's facts. Discuss with your lawyer whether you must attend or be represented in the proceeding.

The Right Time to Request Probation Relief

Courts have many unwritten rules or policies on the most appropriate time to seek an early discharge from probation. Usually, the court will not grant your motion for termination unless you have served at least 12 months of the probationary period.

Laws in many states allow probationers to request a discharge at any time after the sentence. Nevertheless, courts have a policy that requires you to serve a particular probationary duration before you are eligible for early termination under PEN 1203.3.

For informal or misdemeanor probation, the judge can require you to serve at least twelve months before granting the relief. With formal or felony probation, you must have completed eighteen months of the probation sentence before the court issues a termination. It will help to understand that these are general rules for candidacy. Your unique facts and the nature of the case will help the judge determine whether to grant or deny probation.

Reasons Why the Court Will Grant Your Motion for an Early Probation Discharge

Under PEN 1203.3, the court can only grant an early discharge from probation if they believe you are not a risk to society, have learned from your past mistakes, and are willing to be a law-abiding citizen. Therefore, the court will grant your motion if you have complied with the probation terms and requirements. When on probation, you are required to take part in community labor, attend alcohol or drug treatment classes after a DUI, and adhere to gun restrictions and protective orders in the event of a domestic violence conviction. If you complete all probationary conditions before the end of the probationary period, you qualify for an early discharge.

Similarly, staying out of trouble after your sentence with no new criminal charges or arrests shows you are on good behavior. The judge can reduce your probationary period through an early termination if they deem you rehabilitated.

Another critical probation term you must adhere to is to restitute the victims of your criminal activity and pay court fees. If these are the only requirements the court imposed on the probation, you will be discharged from the probation early once you make all the payments.

Also, the court will grant probation if the probation officer’s report shows that you did not violate any probation during the probation sentence.

Again, the judge hearing the motion will consider additional circumstances like:

  • The severity of the behavior that resulted in the sentence
  • Your criminal record
  • The prosecutor’s opinion regarding the motion
  • Whether the probation causes you hardships

The judge will consider the probation terms to be causing you hardships by hindering you from the following:

  • Obtaining a meaningful job or promotion
  • Limiting your travel when you must do so for work or to be with your family
  • Being eligible for a loan
  • Acquiring any form of benefit

Before making a decision, the judge will request the probation officer’s and the prosecutor’s input on the motion.

After bringing the motion and having a hearing, you will receive a hearing in a few weeks.

Early Probation Release Benefits

A probationary sentence aims to rehabilitate. However, you do not need 12 to 36 months to change your behavior. Therefore, PEN 1203.3 allows courts to end the program whenever they feel you are rehabilitated.

Probation holds back several aspects of your life. Clearing your criminal record, finding a job, advancing your career, or traveling becomes difficult. Life will be even more complicated if you wait for the probationary period to end. However, with PEN 1203.3 giving judges the authority to terminate or modify probation ahead of schedule, you can enjoy several benefits by filing a motion under the statutes.

The first advantage of obtaining an early discharge from probation is that it makes you eligible for record expunction. Usually, you cannot erase your criminal record if you are still on probation. Thankfully, after an early release from probation, you qualify to clear your criminal history and hide it from potential employers or landlords. The termination motion usually goes hand in hand with the petition to dismiss a conviction. The judge starts by releasing you from probation and then dismissing your sentence.

With your record expunged, you can confidently apply for a job and say you have never been convicted when asked about your criminal record.

Furthermore, you can apply for other meaningful benefits based on the circumstances of your case and the baseline offense that led to the conviction. One of these benefits is that you can apply to the justice department for your name to be removed from the Megan’s Law site. Although your name will no longer appear on the website, your obligation to have your name on the sexual predators’ registry will remain. You can only terminate your duty to register as a sexual predator or remove your name from the list of sexual offenders if you have a rehabilitation certificate from the court. The certificate is only available if you have completed probation.

Moreover, when the court grants an early discharge from probation, you can request that the judge restore your gun ownership rights if the conviction was for a felony. When the baseline offense was a wobbler, and the prosecutor leveled felony charges against you, you will first request that the court reduce the count to a misdemeanor to apply for an expunction under PEN 1203.4. If this does not restore your rights, you will need a governor's pardon.

The other key benefit of bringing a motion under PEN 1203.3 is eliminating the risk of breaking probation conditions if granted. It is challenging to abide by all the probation terms if they last more than three years. If the duration is too long, you could violate some terms, resulting in jail or state prison incarceration for the violation, whether or not you are guilty of the new crime.

A violation of probation terms will not result in a jury trial. It is the judge who determines the matter. If it is more likely than not that you engaged in a violation, you will be sent behind bars. You can reduce the risk of going to jail for probation violations by filing for an early release from the program. If you obtain the relief, you will no longer be bound by its terms and conditions, even if the discharge comes before the expiration of the probationary period.

Some probation officers appear at your place of work unannounced to talk to your employer and end up disclosing information irrelevant to your employment. Even if your employer knows you are on probation, this behavior can make your work-life difficult and reduce productivity. Thankfully, when you disclose to the court how probation hinders your career advancement or your employer threatens to terminate you, the judge can grant an early probation discharge.

Also, probation restricts your travel. Even if you can travel, you must notify the supervising officer, which makes it challenging. Besides, probation conditions include informing the officer when you want to relocate to another state. However, when you terminate probation, you are discharged from all these restrictions.

Before you file a motion for early probation discharge, you should discuss the matter with your lawyer. The court will only grant probation when you fulfill all the sentencing terms, including court fine payment and victim restitution. Additionally, you must show you have rehabilitated. If you engaged in a violation of probation terms, you must file additional paperwork and attend the hearing. These procedures are complex, and the best way to increase the chances of termination being granted is by retaining the services of a criminal lawyer.

Find a Knowledgeable Criminal Lawyer Near Me

When a probation sentence makes your life hard and you seek relief through a motion for early probation release or termination, you should talk to the Los Angeles Criminal Lawyer. Our lawyers will explain the local rules and court policies that can affect your motion. Additionally, we will file the petition on your behalf and represent you at the PEN 1203.3 hearing. With us on your side, you increase the chances of not having to report to a judge or supervising officer regularly, save money that could have otherwise been used to pay probation fees, and travel freely. Call us today at 310-502-1314 for a consultation.